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← 540 NE2D 1273 - Smith v. McFerron

Smith v. McFerron’s Empirical Analysis

1989

Citation profile

4
cited by 4 later decisions
1
states following
October 1997
most recently cited

4 state decisions

Relationships

Relies on 157 Ind. App. 218 - Gibson v. Miami Valley Milk Producers, Inc. · Brenneman Mechanical & Electrical, Inc. v. First National Bank of Logansport · Waldron v. Wilson · Czarnecki v. Lear Siegler, Inc. · Benke v. Barbour

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(C) Relation Back of Amendments. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against him, the party to be brought in by amendment: (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits; and (2) knew or should have known that but for a mistake concerning the identity of the proper party, the action would have been brought against him.”
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.